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Order For Detention Examination And Probable Cause Hearing (24 hours) Form. This is a West Virginia form and can be use in Circuit Court Statewide.
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Tags: Order For Detention Examination And Probable Cause Hearing (24 hours), SCA-MH-903CC24, West Virginia Statewide, Circuit Court
IN THE CIRCUIT COURT OF _______________ COUNTY, WEST VIRGINIA
IN RE: Involuntary Hospitalization of:
Case No. ________- MH -________
___________________________________
RESPONDENT
ORDER:
FOR DETENTION, EXAMINATION, AND PROBABLE CAUSE HEARING
[FOR HEARING TO BE HELD WITHIN TWENTY-FOUR (24) HOURS - W.Va. Code: §27-5-2(e)]
On the ______ day of _______________, 20_____, came the Applicant, ___________________________________, and made application
to this Court to order that the above-named Respondent be taken into custody and detained for the purposes of examination and a probable cause
hearing pursuant to the provisions of West Virginia Code: § 27-5-2. This Court FINDS the application sets forth facts which are sufficient to meet
the requirements for detention, custody, examination and possible hearing as provided by West Virginia Code: § 27-5-2.
Accordingly, it is ORDERED that the Sheriff of _____________________ County shall forthwith take into custody, detain, and thereafter
bring the Respondent before this Court for the purpose of conducting a probable cause hearing. Inasmuch as the Circuit Court has previously
entered a standing administrative order, to-wit: number ____________, establishing within ___________________County/Circuit a program
which assures the safety and humane treatment of respondents while awaiting a hearing, the hearing shall be held on the ______ day of
________________, 20 _____, at the hour of ________________M, no later than 24 hours from the time the Respondent is taken into custody.
The hearing shall be held at the following location: ____________________________________________________________________.
It is further ORDERED that the attorney named below is appointed as counsel to represent the Respondent in this matter.
NAME OF APPOINTED ATTORNEY: __________________________________________________________________________
ATTORNEY'S ADDRESS: ___________________________________________________________________________________
___________________________________________________________________________________
ATTORNEY'S TELEPHONE NUMBER (_________) ______________________________________________________________
It is further ORDERED that the __________________________________________ Mental Health Center shall provide or arrange for an
examination of the Respondent by a physician, psychologist, or court authorized licensed clinical social worker or advanced nurse practitioner, as
required by law prior to the probable cause hearing and report thereon to the Court at the probable cause hearing. Should the examination reveal that
the Respondent is NEITHER addicted nor mentally ill, or is NOT likely to cause serious harm to self or others because of mental illness or
addiction, it is further ORDERED that the examiner shall immediately provide the mental hygiene commissioner, circuit court judge, or magistrate
signatory to this Order the results of the examination on a completed Form MH-904 Certificate of Licensed Examiner.
[See: West Virginia Code:
§ 27-5-2(e).] [If applicable, FAX number to which completed form may be sent to presiding judicial officer:
(_______)_________________________.]
The Clerk shall enter the foregoing as of the date first above written and transmit attested copies thereof to the Sheriff of ______________
County, to _______________________________________ Mental Health Center, to the appointed attorney named above, to the Applicant, and to
the Prosecuting Attorney of ___________________________________ County, West Virginia for determination of whether it is in the public
interest to appear at the probable cause hearing.
___________________________________________________________________
MENTAL HYGIENE COMMISSIONER / CIRCUIT JUDGE / MAGISTRATE
SCA-MH 903CC24 / 6-06
UP TO 24 HOURS CUSTODY ORDER Page 1 of 1
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